Paternity rights

Paternity rights include your rights to paternity leave and pay once your child is born and on returning to work. Whilst not as wide as maternity rights, recent changes have improved the paternity rights of new fathers. Partners of same-sex couples or primary adopter’s spouses are also entitled to paternity leave.

Ordinary paternity leave

All new fathers can take one or two weeks of ordinary paternity leave, which must be taken in whole weeks, within eight weeks of the birth. If you choose to make use of your paternity rights, you must notify your employer that you intend to take paternity leave. During your paternity leave, the rate of statutory paternity pay is £128.73 per week for 2011/2012 or 90% of your weekly earnings, whichever is lower.

After your paternity leave, you have the right to return to the same job at work. If you would like to take more time off after your ordinary paternity leave you may be able to take parental leave. Fathers also have the right to request flexible working.

Additional paternity leave

Additional paternity leave allows the father to share in the mother’s maternity leave if she is planning to go back to work before she has taken 12 months of maternity leave. You can start your additional paternity leave 20 weeks after the child is born, for a period of between two weeks and six months. It must end when the child is one year old. Your additional paternity leave will be paid at the statutory rate, provided that it is taken within the statutory maternity pay period (39 weeks). As with maternity leave, whilst on paternity leave your terms and conditions of employment are protected.

If you have problems returning to work or are disadvantaged because you have exercised your paternity rights, we can assist you in taking up the matter with your employer. If you are dismissed for a reason connected with taking paternity leave, the dismissal will be automatically unfair and you may have a claim for unfair dismissal in the Employment Tribunal.